Archive for July, 2021
New Jersey Supreme Court Holds that Multiple Documents Cannot be Used to Establish Compliance with the Notice Requirements of the Tort Claims Act
By: Sean P. Dugan, Law ClerkEditor: Betsy G. Ramos, Esq. On June 13, 2017, Plaintiff H.C. Equities served the County of Union and Union County Improvement Authority a “Notice of Tort Claim” for “damages arising from tortious interference with contract … conspiracy, defamation and trade libel.” The claim arose out of a contract dispute where […]
Appellate Division Finds Plaintiff’s Wrongful Death Lawsuit Against Decedents’ Employer Failed To Meet Intentional Wrong Exception Of Workers’ Compensation Act
Two employees, Oscar Portillo and Selvin Zelayal, were killed when a trench collapsed on top of them while installing a drainage system. Their respective estates sued the decedents’ employer, Defendant Bednar Landscaping Services, Inc., and co-employees Keith Bednar, Peter Liberatore, and Christopher Liberatore for wrongful death. The issue in Estate of Oscar Portillo v. Bednar […]
Appellate Division Finds That Umbrella Insurance Policy Was Unambiguous In Its Exclusion Of Underinsured Motorist Coverage
In 2014, Plaintiff Yvonne Zabala-Lugo was a passenger in a car driven by Jasmine Lugo when the vehicle struck a phantom car that swerved into her lane to avoid hitting a pedestrian. After that impact, the Zabala-Lugo vehicle was struck from behind by another car driven by Betsey Tavares. Plaintiff discovered that the Tavares’ insurance […]
Employer’s Statements That Employee Driver Failed To Follow Safety Protocols Found To Be Admissible Evidence In Motor Vehicle Accident Case
Plaintiff Ahmed Hassan was injured in a motor vehicle accident in which he was rear-ended by defendant Roland Williams who was driving a tractor-trailer for defendant ABF Freight System. The case was tried before a jury and the jury found both drivers negligent but the Plaintiff slightly more so, which resulted in a no-cause judgment […]
Plaintiff Able to Obtain Full Recovery of Verdict Against Defendant Tortfeasor Found to be 60% Negligent in Auto Case
The issue in the published Appellate Division decision in Carbajal v. Patel, 2021 N.J. LEXIS 73 (App. Div. June 2, 2021), was whether a plaintiff can obtain a full recovery of a jury verdict against a defendant found to be 60% negligent, when that defendant is unable to obtain contribution from the co-defendant found to […]
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